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Tuesday, February 5, 2013
By Michael Nichols
Categories: Medical Marijuana
In People v Green, the Michigan Court of Appeals denied the prosecutors appeal and held that registered medical marijuana patients may obtain marijuana from other patients as long as the marijuana is not sold. This case follows People V McQueen (decided August23, 2011) which held that patient to patient sales were not protected by the Michigan Medical Marihuana Act (MMMA). McQueen addressed only the sale of marijuana and the court declined to address if transfers without cash would be legal. McQueen has been appealed and argued before the Michigan Supreme Court but an opinion has yet to be issued.
People V Green is important because after McQueen medical marijuana patients were left wondering how they could obtain their medicine. It appeared that they could only obtain medicine by growing it themselves or by obtaining a registered caregiver who would grow the medicine for them. Now because of Green patients have another avenue to obtain their medicine and they can now receive it from other registered patients as long as it is transferred and not sold.
If you have been charged with violating the MMMA, call the Nichols Law Firm and speak with attorneys who understand the ever-changing case law surrounding the MMMA. Call 517-432-9000.